Patna High CourtCR. MISC./24309/2016bail granted

Satyendra Rai v. The State Of Bihar

2016-08-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24309 of 2016 Arising Out of PS.Case No. -181 Year- 2015 Thana -GARKHA District- SARAN ======================================================

1. Satyendra Rai Son of Sri Jaipal Rai, residence of village- Pithaghat Jharutola, Police Station- Garkha, District- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shambhu Prasad Yadav For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 341,323, 376/511,506 of the Indian Penal Code and 3(i)(x) SC/ST Act.

The prosecution story, in brief, is that while the informant(victim) was going to call of nature with her cousin sister, in the meantime petitioner catch hold of her hand and took her to bush by pressing her mouth with intention to commit illicit work but on alarm raised by her cousin sister, the petitioner left the victim and fled away.

It is submitted on behalf of the petitioner that the petitioner is in custody since 24.04.2016. Charge sheet has been submitted in this case. The petitioner has got no criminal

Patna High Court Cr.Misc. No.24309 of 2016 (4) dt.08-08-2016 2/2 antecedent. There is no allegation of tampering of the witnesses against the petitioner. No offence under SC/ST Act is made out. After two days of the alleged occurrence, the case has been instituted. The delay in instituting the case has not been explained by the prosecution. The petitioner is the next door neighbour. There is admitted land dispute between the parties. On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances of the case, let, above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran in connection with Garkha P.S.Case No. 181 of 2015.

(Sudhir Singh, J) singh/- U T